Breaux v. Broussard

Citations

• 116 La. 215
• 40 So. 639
• 1906 La. LEXIS 488

Syllabus

<p>1. Prescription—End oe Term—Suspension.</p> <p>Prescription runs immediately after the last day of the term.</p> <p>The 10 years elapsed at the end of the last hour of the last day of the tenth year. There were 10 intervening years from the date of the sale to February 7, 1905, and the prescriptive title.was acquired.</p> <p>Absence of proof showing suspension of prescription during the term.</p> <p>[Ed. Note.—For cases in point, see vol. 33, Gent. Dig. Limitation of Actions, §§ 525, 526.]</p> <p>'2. Same—Evidence.</p> <p>Suspension of prescription is susceptible of proof. Onus of proof was with plaintiff to show that prescription had been suspended.</p> <p>[Ed. Note.—For cases in point, see vol. 33, Cent. Dig. Limitation of Actions, §§ 711-713.]</p> <p>3. Fraud—Presumption op Good Faith.</p> <p>In the absence of all evidence, good faith must be presumed.</p> <p>[Ed. Note.—For cases in point, see vol. 23, •Gent. Dig. Fraud, §§ 46, 47.]</p> <p>(Syllabus by the Court.)</p>